Civil and Commercial Law Symposium, Volume 32

Author: Liang Huixing
Publisher:
Publish Date: 2005-05-01
Features: The purpose of Civil and Commercial Law Symposium is to start from the actual situation of China's reform and opening-up and the development of a modernized economy, widely reference the successful experiences in civil and commercial legislation of developed countries and regions, as well as the latest case law and doctrines, to study the fundamental theories and major legal issues of civil and commercial law. It aims to provide a scientific legal foundation for the modernization of China's civil and commercial legislation and the scientific development of judicial practice, enhance the theoretical level of China's civil and commercial law, and cultivate civil and commercial law theorists. The 32nd volume of Civil and Commercial Law Symposium publishes more than ten of the latest research achievements in civil and commercial law, including: Research on the System of Marine Area Use Rights is the final outcome of the author's Shandong Provincial Social Science Planning Project on Marine Area Use Rights and Related Legal Systems, which provides a comprehensive and systematic discussion on marine area use rights and their systems, and proposes relevant suggestions based on China's legislation. Copying and Copy Rights in the Digital Network Environment – A Discussion on the Reconstruction of Digital Copyright Law is one of the research achievements on the legislative issues of information network transmission rights supported by Microsoft China, focusing on the problems of copying and copy rights in the digital network environment and the reconstruction model of digital copyright law. The Legality of Charging Bottle Fees by Restaurants – A Case Analysis of the Service Contract Dispute over Refund of Bottle Fees between Qu Lianji and Baiyun Tianxiange Restaurant analyzes the consumer rights protection and the issue of standardized clauses arising from the practice of charging bottle fees by restaurants. Interest Jurisprudence in Private International Law mainly compares Currie's Governmental Interest Analysis Theory with Keegel's Private International Law Interest Theory, proposing the value orientation of interest coordination in private international law. Corporate Groups: Towards Independent Legislation is written by Professor of Company and Bankruptcy Law at the University of Manchester Law School, focusing on legal issues regulating corporate groups and the recognition of corporate groups as independent business entities. The Nature of Legal Status – Taking Animals as the Object of Study starts from the subject-object thinking mode of law and the essence of rights, mainly exploring whether animals are legal objects and the nature of animals as objects. Why I Don't Agree with the Establishment of a Right to Live addresses the right to live proposed in the draft Property Law, combining legislative, theoretical, and practical perspectives to present the author's views and opinions. Dialogue: The Role of Private Parties in the Realization of Law is an appendix to the famous work The Role of Private Parties in the Realization of Law by Tanaka Yoshio and Takeuchi Akio, involving a comparison of the roles of Japanese and American lawyers, product liability, and damage compensation issues.